Returning to Work after Sickness

It is crucial that employers have a process in place when any of their employees return to work from sickness absence. Returning to work after a period of leave is a critical phase for employees and employers. This process requires careful consideration of employment laws to ensure that any procedure applied is both fair and compliant with UK regular regulations.

When employees return to work after an absence, they should speak with their employer. An initial meeting is important to ensure that they are ready to return and that they have any support needed to facilitate the proper performance of their role.

Talk To A Lawyer Directly Today

Employee Returning to Work after Sickness

The Equality Act 2010 is a piece of legislation which governs the rights relating to those employees who have a disability in accordance with that Act. If an employee is disabled, their employer should discuss whether there are any reasonable adjustments that can be made to support the individual’s return to work. An employer should also consider any underlying problems which may have been causing the absence and could be related to the disability. These could include work-related stress or an illness or impairment that amounts to a disability in accordance with the Equality Act 2010. The Equality Act 2010 prohibits discrimination based on a disability and requires all employers to consider reasonable adjustments to facilitate the return to work of employees who have disabilities. These adjustments could include physical adjustments to the workplace itself, alterations to working hours, or even changes to the duties of the individuals concerned.

The Health and Safety at Work Act 1974 requires employers to ensure that the health, safety, and welfare of their employees are protected. This Act prescribes that employers must ensure that employees returning from sick leave are not subjected to conditions that may exacerbate their illness or impairment. All employers are required to provide a safe working environment for all their members of staff.

It is crucial that there is clear and ongoing communication between the employer and employee upon the return to work. Employers should endeavour to maintain contact during an employee’s absence to offer support and if necessary, to obtain further information concerning the illness and the individual’s expected return date. It may also be necessary for an employer to consider commissioning an occupational health expert report to provide further information in relation to the prognosis of the illness and any reasonable adjustments that should be considered upon the individual’s return to work.

Sickness absence is a tricky area for employers to navigate. When in doubt, it is imperative that employers seek legal advice regarding the required process. Failure to carry out the correct process can give rise to claims of both constructive unfair dismissal and/or disability discrimination, contrary to the Equality Act 2010. Discrimination claims carry unlimited damages risks and employers should therefore proceed with caution.

Contact Us